More Intellectual Property Articles

Bankruptcy & Restructuring

Trademarks And Bankruptcy: Seventh Circuit Provides Lifeline For Trademark Licensees Confronting Licensor Bankruptcy

The Bankruptcy Code provides certain protections to intellectual property licensees. Specifically, section 365(n) of the Bankruptcy Code grants intellectual property licensees the ability to retain rights under license agreements rejected by bankrupt licensors under section 365(a). This...

Read More

Entertainment | Sports | Telecommunications

First Amendment v. The Right Of Publicity: The Game Is On!

While watching a child’s friend play a video game, Ed O'Bannon, the star of UCLA’s 1995 championship basketball team, recognized himself as one of the avatars featured in the game. O’Bannon observed of the avatar, “It didn’t have my name, but it had my...

Read More

Advertising

The Rise And Possible Fall Of Class Actions In False Advertising Litigation

Section 43(a) of the Lanham Act (the “Act”) limits standing to sue for false advertising to competitors and others who claim to have suffered competitive injury as a result of the defendant’s advertising. Consumers do not have standing under the Act.[1] Damages are seldom...

Read More